The Centre for Legitimacy and the Rule of Law (CLRL) has urged Ghanaian authorities to emulate the American model by formalising and regulating the activities of bail bondsmen to streamline the justice system.
CLRL Executive Director, Richard Nii Armah, explained that the US bail bond system exists to assist individuals in securing pre-trial release when they cannot afford the full bail amount set by a court.
Currently, only the United States and the Philippines permit a commercial, for-profit bail industry to operate.
Mr Armah observed that while bail bondsmen already operate informally in Ghana, their activities remain illegal because they lack recognition under the current legal framework.
He argued that it is prudent for Ghana to adopt and formalise this strategy to help suspects and accused persons meet their bail conditions while awaiting trial.
His proposal follows the GH₵50 million bail condition imposed on Dennis Miracles Aboagye in an ongoing GH₵55 million fraud and financial irregularities investigation by the Economic and Organised Crime Office (EOCO).
Although Aboagye met the bail conditions, which included three sureties with two to be justified, his lead counsel, Atta Akyea, condemned the terms as oppressive, cruel, and a form of punishment.
Speaking in an interview on Nyankonton Mu Nsem on Rainbow Radio 87.5FM, Mr Armah noted that Ghana’s current system grants state bodies wide discretion to set bail conditions.
He emphasised that while bail must correspond with the severity of the alleged offence, it should never serve as a punishment.
To address these systemic flaws, the CLRL is advocating for the passage of a comprehensive Bail Act.
The think tank contends that the existing Criminal Procedure Act, which leaves bail discretion largely to investigative bodies, is inadequate.
Mr Armah stressed that a dedicated bail law is crucial to prevent state institutions from weaponising bail conditions against individuals under investigation.
He suggested that formalising the activities of bondsmen would significantly assist suspects who find themselves unable to post bail under the current regime.
“In America, the bail bondsman system allows arrested individuals to secure pre-trial release by paying a licensed commercial agent a non-refundable premium, typically set at ten per cent of the total court-mandated bail. Then the bondsman guarantees the remaining ninety per cent to the court, and the transaction usually requires co-signers to provide tangible collateral, such as property deeds or vehicle titles,” Mr Armah explained.
“In Ghana, we have such bailsmen but their activities are illegal or not recognised by law. In some instances, when you go to the police station and need someone to bail you, we have such people around known as bail contractors, but their services are expensive. That is why it is important, and why we have to formalise their activities, so that those who cannot post bail can seek pre-trial release by paying a licensed commercial agent a non-refundable premium.”
He further noted that in other jurisdictions, insurance companies are licensed to post bail for clients because they conduct rigorous Know Your Customer (KYC) checks to verify residential addresses and other vital details, knowing they face financial liability if the suspect absconds.
“Going forward, we have to adopt these systems and stop this cycle of bail conditions which become difficult for suspects or accused persons to post,” he added.
By: Rainbowradioonline.com/Ghana